The Hindu : Tamil Nadu News : “Courts not in position to bear entire burden of judicial system”

Online edition of India's National Newspaper
Monday, Sep 10, 2007
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Tamil Nadu

Tamil Nadu

“Courts not in position to bear entire burden of judicial system”

Special Correspondent

VILLUPURAM: Madras High Court Judge Justice D. Murugesan has said courts were not in a position to bear the entire burden of justice system and therefore a non-judicial system, comprising arbitration, conciliation, mediation and negotiation, could be the only solution.

Statistics revealed that over 2.92 crore cases were pending in the courts all over the country, including that of Supreme Court and High Courts, till the end of 2006. The Government was the biggest litigant in the country.

With hardly 13,000 Judges, it was difficult to render timely justice and hence the emphasis was on the alternative dispute resolution mechanism, he said. Justice Mr. Murugesan was delivering an address at the workshop on “Mediation skills in dispute resolution,” jointly organised by the District Legal Services Authority and the Bar Associations of Villupuram here on Saturday.

He noted that Section 89 (came into effect from July 1, 2002 through legislation) of the Civil Procedure Code provided for resolving disputes through mediation or conciliation. Given the constraints of the courts such as accumulating cases, lack of manpower and resources and rigidity in procedures the alternative system assumed importance. Justice Mr. Murugesan honoured senior advocates who had completed 40 years of service.

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